| Regional Express Ticket Conditions of Contract and Terms of Carriage
Regional
Express Holdings Limited t/a Regional Express, its associated companies
has no control over the acts or omissions of other airlines and
third parties.
1.
CARRIAGE
The
Passenger flies subject to the Ticket Terms and, to the extent applicable,
the Laws. If there is a conflict between any of the parts of the
Ticket Terms, those of the Ticket Terms set out in this document
will prevail.
2.
LIMITATION OF LIABILITY
The
Company's liability in respect of loss or damage to baggage and
personal injury or death is limited to the circumstances and amounts
as laid down in the applicable Law.
Specifically, subject to the provisions of the Trade Practices Act 1974 (Cth),
the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and applicable State
and Territory legislation:
- payments
accepted by the Company in respect
of a Ticket are subject to the
Fare Rules applicable to the category
of ticket purchased;
- the
Company will not be liable to the
Purchaser, the Passenger, or to any
other person for costs or losses
resulting from diversion, substitution,
alteration, cancellation or delay,
or from loss or delay of baggage;
- the
Company will be not liable for consequential
or other loss of any kind, arising
directly or indirectly from negligence
or any act or omission or any other
cause in connection with provision
or non-provision of Carriage or any
transport or service; and
- the
Company will not be liable for inaccuracy
in any information concerning transport,
services or their pricing whether
referred to in the Ticket or any
other document.
Any
liability of the Company for breach of any provision of, or any
term implied by, Division 2 of Part V of the Trade Practices Act
1974 (Cth) or equivalent State legislation whose operation cannot
be excluded is limited to the extent possible, at the option of
the Company, to the following:
- re-supply
of the services; or
- refund
for payment made with regards to
services not performed.
Liability
of the Company to the Passenger on Australian domestic flights is
limited by State and Commonwealth legislation and by the Ticket
Terms by the following amounts:
- in
respect of destruction or loss to
baggage or death or injury of any
Passenger:
i. AUD$500,000: in respect of death or personal injury of the Passenger;
ii. AUD$1,600: in respect of destruction or loss to registered or checked
baggage of the Passenger; and
iii. AUD$160: in respect of destruction or loss to other baggage (cabin
baggage) of the Passenger;
and;
- such
other sums as may be prescribed by
applicable legislation for the time
being in force.
Except
as provided for under the Law, the Company is not liable for loss
or damage to, or delay in the delivery of fragile or perishable
articles, money, jewellery, precious metals, negotiable papers,
securities or other valuables (including but not limited to cameras
and computers), business documents or samples which are included
in the Passenger's checked baggage, whether with or without the
knowledge of the Company. Such personal valuable items should be
carried on the Passenger's person or in carry on baggage under his
care.
3.
CHECK-IN REQUIREMENTS
In
the interest of on-time departures the Passenger must be checked
in and ready for boarding by the time fixed by the Company from
time to time, and in any case not less than 30 minutes prior to
the scheduled departure time for Sydney, Melbourne & Adelaide
airports or 15 minutes for regional airports. At the time of check-in,
the Passenger must present satisfactory photo identification and
must comply with all lawful instructions given by our staff or agent
including but not limited to declaring the contents of luggage and
payment of any additional charges for excess baggage etc.
A passenger who fails to check-in or presents himself at the departure gate
within the stipulated time will not be permitted to board the aircraft and
will be deemed a "no show". This may result in the Passenger's booking under
the Ticket being cancelled. Any of the following events constitutes a cancellation:
- failure
to board a booked flight or no-show;
- request
to cancel part or the entire ticketed
journey; and
- breaking
any of these agreed Ticket Terms.
In
these circumstances, cancellation and rebooking fees will be charged
by the Company according to the applicable Fare Rules and certain
ticket classes may lose its entire value.
4.
SAFETY REQUIREMENTS
It
is against the law to bring into the aircraft, whether as cabin
baggage or checked baggage, restricted items as defined by the Civil
Aviation Safety Authority. The Company and airport or government
officials may inspect and/or search your baggage with or without
your presence.
WHAT MUST NOT BE TAKEN ON BOARD
- EXPLOSIVES:
fireworks, flares, toy gun caps.
- COMPRESSED
SUBSTANCE: gas cylinders, aerosols
(other than medicines/toiletries).
- FLAMMABLE
SUBSTANCE: lighter fuel, paints,
thinners, firelighters, cigarette
lighters containing unabsorbed
lighter fuel.
- OXIDIZERS:
some bleaching powders, acids,
chemicals.
- ORGANIC
PEROXIDES: hair or textile dyes,
fibreglass repair kits, certain
adhesives.
- POISONS:
arsenic, cyanide, weedkillers.
- EXPLOSIVES:
fireworks, flares, toy gun caps.
- IRRITATING
SUBSTANCES: tear gas devices such
as mace, pepper sprays.
- INFECTIOUS
SUBSTANCES: biological products
and/or diagnostic specimens containing
pathogens.
- RADIOACTIVE
MATERIALS: medical or research
samples which contain radioactive
sources.
- CORROSIVES:
acids, alkalis, wet cell batteries,
caustic soda, mercury.
- MAGNETISED
MATERIALS: magnetrons and anything
containing strong magnets.
WHAT MAY BE TAKEN ON BOARD IN LIMITED QUANTITIES
- Alcoholic
beverages (up to 5L), perfumes
and colognes (up to 2L in total).
- Medicinal
or toiletry products including
aerosols such as hair sprays and
deodorant for personal use (up
to 2kg or 2L in total).
- With
the approval of the Company, small
oxygen cylinders for medicinal
use and small carbon dioxide gas
cylinders worn to power mechanical
limbs.
- Safety
matches and certain lighters carried
on the person. They must not be
packed in the checked bag.
- With
approval of the Company, dry ice
used to pack perishable foods (up
to 2kg). Small mercury thermometers
for personal use when in a protective
case.
REMEMBER
IF YOU TAKE DANGEROUS GOODS ON BOARD, EVEN INADVERTENTLY, YOU MAY
BE LIABLE TO PROSECUTION AND A JAIL TERM.
If
there is any doubt about what may be carried on board THE aircraft,
the Passenger must request more information from the Company before
commencing travel. Firearms and weapons of any description are prohibited
in the cabin of any Aircraft. Passengers shall not tender dangerous
goods or potentially dangerous goods for Carriage as baggage. The
Company may destroy, abandon and/or retain as evidence any such
goods.
5.
CHECKED BAGGAGE ALLOWANCE
In
addition to cabin baggage, each Passenger occupying a paid seat
is entitled to the following free baggage allowances provided the
total linear dimensions (i.e. Depth plus Height plus Length) of
each item does not exceed 140cm (55in):
- Economy
Class Passengers: 1 item 15kg (44lb)
- Infants
(Not Occupying Seat): 1 item 10kg
(22lb)
Each
item in excess of the allowance, or the linear dimensions, will
be charged for at excess baggage rates published from time to time.
Such excess baggage is carried subject to space and availability
and hence may not be carried on the same service as the Passenger.
Excess baggage is only carried to the airport specified on the Company's
baggage tag. The Passenger is responsible for the collection of
excess baggage and/or any other related delivery expenses.
For
Occupational Health & Safety reasons, any single item of baggage
which exceeds 32kg (70lb) in weight, cannot be accepted as passenger
baggage and must be consigned as airfreight.
Checked
baggage will be delivered to the bearer of the baggage check receipt
or tag. In case of lost or damage to checked baggage any complaint
must be made in writing to the Company at the latest within seven
days from delivery of the baggage.
If
the Passenger is traveling with children, the Passenger will be
entitled to two of the following items free of charge for each child:
stroller, carry basket or car seat. Also a fully collapsible wheelchair
and/or a pair of crutches and/or a walking stick and/or a prosthetic
device will be carried free of charge if the Passenger is dependent
on them.
For
the above items, the total weight of the checked-in items must not
exceed the stipulated limit or an excess baggage charge will apply.
All
baggage should be locked. The Company's liability with respect to
checked baggage is spelt out in Clause 2 above.
The
Company will not be liable for any loss if the Passenger fails to
collect any checked or cabin baggage. If such baggage is not claimed
after 90 days after the flight, it will be deemed to be abandoned
and the Company may dispose of it without notifying the Passenger
and without liability of the Company's part.
Total
baggage exceeding 100kg will not be accepted as excess baggage and
must be processed at a cargo outlet at the applicable cargo rate.
6.
CABIN BAGGAGE RULES
Cabin
baggage should not exceed 7kg in total and the total linear dimensions
should not exceed 105cm. The articles listed below may be carried
by a Passenger as cabin baggage over and above the free checked
baggage allowance:
- A
lady's handbag, pocketbook or purse,
which is appropriate to normal
travelling dress and is not being
used as a
container for the transportation
of articles which would otherwise
be regarded as baggage;
- An
overcoat, wrap or blanket;
- An
umbrella or walking stick;
- A
small camera and/or a pair of binoculars;
- A
reasonable amount of reading matter
for the flight;
- Infant's
food for consumption in flight; and
- A
pair of crutches and/or other prosthetic
device for the passenger's use provided
that the passenger is dependent upon
them;
- All
other articles - including overnight
bags, briefcases, personal computers,
ladies' vanity cases, large size
cameras, small musical instruments
such as violins etc. taken into the
cabin as hand baggage are subject
to the following conditions:
one briefcase or one small bag, not exceeding: depth 23cm (9in), height
34cm (13in), length 48cm; (19in)
plus
one suit pack or one garment bag, (non - rigid frame/unfolded), not exceeding:
thickness 11cm (4in), width 60cm (24in), length 114cm; (45in)
or
two briefcases, or two small bags, each not exceeding: depth 23cm (9in),
height 34cm (13in), length 48cm (19in).
Wheelchairs
and infants' carry baskets (these items may be stowed in the aircraft
hold)
Items
which exceed the above allowances must be checked in.
Your
personal medication or prescriptions should not be placed in checked
baggage as they may be offloaded or otherwise not be available when
you need them. The Company shall not be liable for any loss or damage
to or delay in delivery of such items and for any consequential
death or personal injury. Please note that passengers carrying hypodermic
needles will need to declare them at the time of check-in.
Laptop
computers should be carried as cabin baggage to avoid possible damage.
The Passenger is not permitted to carry any sharp objects in his/her
cabin baggage such as nail files, scissors, letter openers, pocket
knives, etc. Such items must be placed in checked baggage only.
7.
GOVERNMENT AND OTHER TAXES AND CHARGES
The
price of the Ticket may include taxes and fees, which are imposed
on air transportation by government, authorities, and airport operators.
These taxes and fees which may represent a significant portion of
the cost of air travel may be included in the total fare. The Passenger
may also be required to pay taxes or fees not already collected.
8.
INSURANCE
Personal
and baggage insurance is highly recommended and should be obtained
separately. The Company does not offer travel insurance. Please
contact your travel agent for details.
9.
SMOKING
In
accordance with Civil Aviation Regulations, smoking is not permitted
on Australian domestic flights and in Australian airport terminals.
10.
IN-FLIGHT WELL-BEING
To
ensure the Passenger's well-being in-flight, we recommend that he:
- consult
his doctor before travel if he has
any concerns about any medical condition
which might affect him/her during
a flight; and
- follow
the health advice provided in our
in-flight documentation.
11.
FLIGHT SCHEDULES
The
Company reserves the right without notice to substitute any aircraft
or other means of transport either before the departure of the flight
or at any intermediate airport, to alter or omit any advertised
stopping place and to despatch the aircraft before or alter the
date or hours advertised or announced for its departure. The Ticket
Terms shall extend to carriage by substituted aircraft or other
means of transport.
The
Company reserves the right at any time to cancel any flight or,
whether the scheduled flight on which the Passenger was booked takes
place or not, to cancel any ticket or booking of the Passenger or
to carry the Passenger for a portion only of any booked flight.
The Company shall not under any circumstances be under any liability
to the Passenger for failure to carry him at the booked or scheduled
time, or at all. While the Company will endeavour to use its best
efforts to carry the passenger and baggage with reasonable dispatch,
times of arrival and departure are not guaranteed. The Company assumes
no responsibility for making connections between or with the flights
it offers, the flights of other airlines or any other form of transport.
If,
in the opinion of the Company, an aircraft cannot safely land at
an airport, the Passenger may be landed at an alternative airport
and will be entitled to be returned to the airport of original destination
by such means of transport as the Company, in its absolute discretion,
may determine. The Passenger must bear his own expenses while waiting
for his return to the airport of original destination and the Company
shall not be liable for any consequential loss, damage or expenses
of any kind whatsoever arising from such carriage or delay.
12.
PASSENGER CONDUCT
The
Company is not a common carrier, and reserves the right to refuse
to carry the Passenger, or any of the Passenger's baggage or goods
without giving any reason.
The
Passenger shall comply with the Law and with the Ticket Terms and
shall be responsible for any damage or loss occasioned by his failure
to do so. The Passenger shall not take into the aircraft or include
in his baggage or goods any easily ignitable article or offensive
thing likely to cause inconvenience to Passengers or any thing likely
to endanger aircraft, passengers or goods. The Passenger must allow
reasonable searches of his person and baggage. The Passenger shall
not, while on board the aircraft, consume any intoxicating beverage
unless it has been sold or otherwise supplied to him on board the
aircraft by the Company. While on board the Passenger must submit
to all lawful instructions of the cabin crew.
The
Passenger may be denied boarding or be required to leave the aircraft
or other means of transport, and may if necessary be physically
removed or restrained if, in the opinion of the Company, the Passenger
is:
- in
breach of the Ticket Terms;
- a
threat to aviation security or has
made threats to aviation security;
- under
the influence of drugs or alcohol;
and
- behaving
in a disruptive or disorderly manner.
OR
- if
it is necessary for the safety or
comfort of other persons or for the
protection of property.
Threats
to Aviation Security as defined in the Aviation Transport Security
Regulations 9.01 2005, including "inappropriate comments" regarding
weapons or explosive devices will result in cancellation of the
ticket as well as mandatory reporting to both Federal and State
law enforcement agencies.
13.
OTHERS
The
Passenger indemnifies the Company against any action, proceeding,
suit, claim or demand made against it in connection with a breach
by the Passenger of the Ticket Terms and against liability, loss,
damage, cost or expense suffered by the Company as a consequence.
Any
money received for the Ticket by any agent issuing it is held on
trust for the Company. The Company may arrange with any other person
to undertake the carriage contracted under the Ticket Terms, or
services ancillary to it (including the transportation of the Passenger
and his baggage to or from any airport or taking off or landing
place) or any part of them.
The
travel must be completed within 12 months of date of issue of the
Ticket and is not be transferable to any other person. The Company
has no obligation to provide transport or services if the Ticket
is not presented, is lost or stolen.
The
Ticket is valid only for transport or services specified. Any alterations
to the services specified will be strictly subject to the Fare Rules
governing the category of ticket issued and in some instances the
ticket may become valueless and not refundable.
The
Ticket Terms may not be waived or modified by any person.
If
any of these term fails to have all, some or any effect, or causes
any other of these Ticket Terms to fail it shall be read down or
severed to the extent required to preserve the rest of these Ticket
Terms.
Wherever
the Ticket is issued the Ticket Terms shall be governed by and construed
in accordance with the Laws in force in New South Wales.
Definitions
:
The
following definitions apply unless the context requires otherwise:
- "Carriage" is
equivalent to "transportation".
- "Company" means
Regional Express Holdings Limited
(ACN 099 547 270) and includes its
officers, servants, agents, employees
and, where applicable, any person
with whom the Company has arranged
to undertake the carriage or ancillary
services or its officers. The Company
owns the business name and trademarks
for "Regional Express";
- "Customer
Receipt" mean the document issued
confirming receipt of payment and
details of carriage;
- "Fare
Rules" means the rules as may be
imposed by the Company from time
to time governing the use of the
Ticket according to the category
of Ticket purchased. The Fare Rules
are provided to the Purchaser at
the time of booking and are always
available on the Company's website
www.rex.com.au
- "Ticket "means
the e-ticket issued to the Passenger
and to which this document relates
or with which this document is enclosed
and any baggage check related to
it';
- "Ticket
Terms" means these conditions of
contract and terms of carriage and
the transport and services provided
pursuant to them and any supplementary
terms set out in timetables, notices
on display, boarding pass, advertised
fare conditions and supplementary
written or oral instructions of the
Company and any other terms howsoever
made applicable;
- "Law" means
each statute, ordinance, code, or
other law from time to time, applicable
to the Company, its operations and
this Ticket, including the Warsaw
Convention and any international
convention or protocol and all regulations,
orders, instructions and instruments
made under any of them;
- "Passenger" means
to whom the Ticket was issued or
the person or persons nominated on
a Ticket as being the passenger using
the transport or services specified
on the said Ticket (as the context
requires);
- "Person" includes
a firm, body corporate, an unincorporated
association or an authority.
- "Purchaser" means
the purchaser of a Ticket;
R.O.260/120805
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